Sanjeev Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14547 of 2020 Arising Out of PS. Case No.-87 Year-2019 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== SANJEEV RANJAN Son of Late Mritunjay Sahay Resident of VillageRaghunathpur, P.S.- Raghunathpur, District- Siwan, at present Circle Officer, Rahika, District- Madhubani.
... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Prameshwar Yadav, Advocate cum General Secretary, Advocate Association, Benipatti, P.S.- Benipatti, District- Madhubani. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subhash Kumar Jha For the Opposite Party/s :
Mr.Dr. Ajeet Kumar Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-07-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Heard the learned counsel for the petitioner and Mrs. Anita Kumari Singh, the learned APP appearing for the State.
The petitioner apprehends his arrest in connection with C.R. Case No. 87 of 2019, corresponding to Tr. No. 2472 of 2019 for the offence punishable under Sections 420, 467, 468, 471, 504, 506/34 of the Indian Penal Code.
2/4 The case of the complainant in brief is that the accused persons including the petitioner herein are in the habit of manufacturing/ creating forged documents pertaining to the government land as also creating false Jamabandi with the motive of extracting money from the poor persons. It is further alleged that the complainant had informed the District Magistrate, Madhubani by submitting a complaint regarding the illegal activities of the accused persons, whereafter the District Magistrate, Madhubani had forwarded the complaint of the complainant to the District Public Grievances Redressal Officer, Madhubani for proper enquiry, whereafter he had found the accused persons to be guilty and had made recommendation to the District Magistrate, Madhubani to take action against the said erring persons.
The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that the order passed by the District Public Grievance Redressal Officer, Madhubani dated 31.10.2018 would show that the petitioner has not been found guilty and only recommendation has been made to the District Magistrate, Madhubani to conduct enquiry and take action against the erring
3/4 persons. It is further submitted that the petitioner is a government official and in case of any dereliction in discharge of duties by the petitioner, the appropriate authority of the State Government, is competent to take departmental action against the petitioner and a criminal complaint would not lie. The learned A.P.P. appearing for the State has vehemently opposed the prayer for anticipatory bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the District Public Grievance Redressal Officer, Madhubani has not found the petitioner to be guilty, apart from the fact that the petitioner is having a clean antecedent, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.
Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner, above named, is directed to be released on anticipatory bail on furnishing bail- bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Benipatti, Darbhanga, in connection with C.R. No. 87 of 2019, corresponding to Tr. No.
4/4 Criminal Procedure.
(Mohit Kumar Shah, J) Tiwary/- U